`
` IN THE UNITED STATES DISTRICT COURT
`
` FOR THE DISTRICT OF MARYLAND
`
` BALTIMORE DIVISION
`
`PAICE, LLC and
`
`THE ABELL FOUNDATION, INC.,
`
` Plaintiffs,
`
` Case 1:14-cv-00492-WDQ
`
`vs.
`
`FORD MOTOR COMPANY,
`
` Defendant.
`
`__________________________/
`
` DEPOSITION OF GREGORY W. DAVIS, Ph.D.
`
` Southfield, Michigan
`
` Tuesday, January 13, 2015
`
`REPORTED BY:
`
`Paula S. Raskin, CSR-4757
`
`Ref. No. 13176
`
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`depo@transperfect.com -- 212.400.8845
`
` 1
`
`PAICE 2213
`Ford Motor Co. v. PAICE LLC et al.
`IPR2014-00884
`
`
`
`Page 2
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` January 13, 2015
` 9:02 A.M.
`
`DEPOSITION OF GREGORY W. DAVIS, Ph.D., taken on
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`January 13, 2015 by the Plaintiffs at the Law
`
`Offices of Brooks Kushman, 1000 Town Center,
`
`Southfield, Michigan, before Paula S. Raskin,
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`Certified Shorthand Reporter and Notary Public
`
`in and for the State of Michigan, County of
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`Oakland.
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` A P P E A R A N C E S:
`
`FOR THE PLAINTIFFS:
`
` FISH & RICHARDSON
`
` BY: RUFFIN B. CORDELL
`
` W. PETER GUARNIERI
`
` 1425 K Street NW, 11th Floor
`
` Washington, DC 20005
`
` (202) 783-5070
`
` cordell@fr.com
`
` guarnieri@fr.com
`
`FOR THE DEFENDANT:
`
` BROOKS KUSHMAN, PC
`
` BY: FRANK A. ANGILERI
`
` ERIN KAY BOWLES
`
` JOHN P. RONDINI
`
` 1000 Town Center, Floor 22
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` Southfield, Michigan 48075
`
` (248) 358-4400
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` fangileri@brookskushman.com
`
` ebowles@brookskushman.com
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` jrondini@brookskushman.com
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` APPEARANCES, CONTINUED:
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`FOR THE DEFENDANT:
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` LATHAM & WATKINS, LLP
`
` BY: AARON PEREZ-DAPLE
`
` 330 North Wabash Avenue, Suite 2800
`
` Chicago, Illinois 60611
`
` (312) 876-7602
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` aaron.perez-daple@lw.com
`
`ALSO PRESENT:
`
` Frances M. Keenan, PAICE LLC
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` INDEX TO EXAMINATIONS
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`Page 5
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` Witness Page
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`GREGORY W. DAVIS, Ph.D.
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`EXAMINATION BY MR. CORDELL: 10
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` INDEX TO EXHIBITS
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`Exhibit Page
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` (Exhibits attached to transcript.)
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`EXHIBIT 1 - Declaration of Dr. Gregory W. 10
`
` Davis in Support of Inter Partes
`
` Review - Patent No. 7,104,347
`
`EXHIBIT 2 - Declaration of Dr. Gregory W. 11
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` Davis in Support of Inter Partes
`
` Review - Patent No. 7,104,347
`
`EXHIBIT 3 - Davis Curriculum Vitae 14
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`EXHIBIT 4 - Patent 7,104,347 B2 43
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`EXHIBIT 5 - Patent 5,343,970 122
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`EXHIBIT 6 - Patent 5,586,613 185
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`EXHIBIT 7 - "Computer Modelling of the 203
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` Automotive Energy Requirements
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` for Internal Combustion Engine
`
` and Battery Electric-Powered
`
` Vehicles"
`
`EXHIBIT 8 - "Optimisation and Control of a 204
`
` Hybrid Electric Car"
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`EXHIBIT 9 - "A Hybrid Internal Combustion 204
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` Engine/Battery Electric Passenger
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` Car for Petroleum displacement"
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`EXHIBIT 10- "A Test-Bed Facility for Hybrid 206
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` IC-Engine/Battery-Electric Road
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` Vehicle Drive Trains"
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`EXHIBIT 11- "Integrated Microprocessor 206
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` Control of a Hybrid I.C.
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` Engine/Battery-Electric
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` Automotive Power Train"
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`Page 7
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` P R O C E E D I N G S
`
` Southfield, Michigan
`
` January 13, 2015
`
` 9:02 a.m.
`
` * * * *
`
` GREGORY W. DAVIS, Ph.D.,
`
` having been called as a witness herein, was
`
` first duly sworn, examined, and testified as
`
` follows: 09:02:31
`
` MR. CORDELL: Ruffin Cordell and 09:02:31
`
` Pete Guarnieri from Fish & Richardson on 09:02:35
`
` behalf of PAICE, and with us is the 09:02:36
`
` chairman of PAICE, Frances Keenan. 09:02:38
`
` MR. ANGILERI: Frank Angileri for 09:02:41
`
` Ford, and in the room are John Rondini, 09:02:45
`
` Erin Bowles and Aaron Perez-Daple. 09:02:45
`
` MR. CORDELL: Good morning, 09:02:50
`
` Dr. Davis. 09:02:51
`
` THE WITNESS: Good morning. 09:02:52
`
` MR. CORDELL: My name is Ruffin 09:02:52
`
` Cordell. We just met this morning. Did 09:02:55
`
` you understand I represent PAICE? 09:02:55
`
` THE WITNESS: Yes, I do. 09:02:55
`
` MR. CORDELL: Is there any reason 09:02:57
`
` why you can't testify completely and 09:02:58
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` truthfully here today? 09:03:00
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` THE WITNESS: No. 09:03:00
`
` MR. CORDELL: Could you give us your 09:03:02
`
` full name and address for the record. 09:03:03
`
` THE WITNESS: Sure. It's 09:03:06
`
` Dr. Gregory W. Davis, and I live in 09:03:07
`
` Frankenmuth, Michigan, 143 Clarmarc Drive, 09:03:11
`
` C-L-A-R-M-A-R-C, and the zip code is 48734. 09:03:16
`
` MR. CORDELL: And you've been 09:03:24
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` deposed before? 09:03:24
`
` THE WITNESS: Yes, I have. 09:03:26
`
` MR. CORDELL: How many times? 09:03:27
`
` THE WITNESS: I don't know. 09:03:28
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` MR. CORDELL: Over a dozen? 09:03:31
`
` THE WITNESS: Probably not. 09:03:34
`
` MR. CORDELL: You know that I'm 09:03:35
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` going to ask you a series of questions, 09:03:36
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` right? 09:03:38
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` THE WITNESS: Yes. 09:03:38
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` MR. CORDELL: And I'm going to 09:03:38
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` presume that you understand my question 09:03:39
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` unless you ask for clarification. Is that 09:03:41
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` fair? 09:03:43
`
` THE WITNESS: Fair. 09:03:44
`
` MR. CORDELL: And if -- from time to 09:03:45
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` time, Mr. Angileri may interpose an 09:03:50
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` objection. Unless he asks you not to 09:03:53
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` answer the question, you know you're 09:03:55
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` supposed to go ahead and answer it, 09:03:57
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` correct? 09:03:57
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` THE WITNESS: Correct. 09:03:57
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` MR. CORDELL: Okay. Good. 09:04:00
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` MR. ANGILERI: Mr. Cordell, before 09:04:01
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` we start, which deposition are you doing? 09:04:03
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` Because you guys noticed them both for 09:04:04
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` today. 09:04:06
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` MR. CORDELL: I plan on marking both 09:04:07
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` of the declarations, and then we'll see how 09:04:08
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` far we get. 09:04:13
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` MR. ANGILERI: You can mark them 09:04:13
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` both, but I want to proceed one at a time, 09:04:14
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` because if I'm going to make a relevance 09:04:18
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` objection, it needs to be in context. 09:04:21
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` MR. CORDELL: I'm not sure those are 09:04:23
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` appropriate in any context, but make 09:04:23
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` whatever objections you feel like you need 09:04:23
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` to. I'll try to make sure that I'm in 09:04:23
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` context. But the issues overlap, so I 09:04:28
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` don't think you can divide them that way. 09:04:31
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` MR. ANGILERI: I think you can. 09:04:32
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` They're two separate proceedings. 09:04:34
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` MR. CORDELL: You make your 09:04:36
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` objections, I'll ask my questions. 09:04:37
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` MR. ANGILERI: Well, which 09:04:39
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` proceeding are you here for? 09:04:39
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` MR. CORDELL: Well, we are here for 09:04:41
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` IPR 2014-00571 and 2014-00579. I will 09:04:44
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` begin with 571, if that helps you. 09:04:50
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` MR. ANGILERI: Then I'll consider 09:04:53
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` this a 571 deposition. 09:04:55
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` MR. CORDELL: Again, I'm not going 09:04:56
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` to agree that anything -- well, I not going 09:04:58
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` to agree that that limitation prevents us 09:05:03
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` from using questions that you consider to 09:05:05
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` be appropriate to 571 in the 579 09:05:08
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` proceeding. 09:05:13
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` (DEPOSITION EXHIBIT 1 MARKED 09:05:13
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` FOR IDENTIFICATION) 09:05:13
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` EXAMINATION 09:05:13
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` BY MR. CORDELL: 09:05:13
`
` Q. And with that, Dr. Davis, let me 09:05:14
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` hand you what we've marked as Davis Exhibit 1, 09:05:16
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` which for the record is the "Declaration of 09:05:19
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` Dr. Gregory W. Davis in Support of Inter Partes 09:05:21
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` Review Under," et cetera, but it's marked Ford 09:05:28
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` Exhibit 1005, and it's for IPR Case Number 09:05:32
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` IPR2014-00571. 09:05:36
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` Is this your declaration, Dr. Davis? 09:05:42
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` A. It appears to be, without any of the 09:06:42
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` attachments. 09:06:44
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` (DEPOSITION EXHIBIT 2 MARKED 09:06:44
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` FOR IDENTIFICATION) 09:06:46
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` Q. Okay. Now let me hand you what 09:06:46
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` we've marked as Davis Exhibit 2, which is also 09:06:48
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` entitled the "Declaration of Dr. Gregory Davis 09:06:51
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` in Support of Inter Partes Review," et cetera, 09:06:54
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` and it is marked Ford Exhibit 1108 for IPR Case 09:06:56
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` Number IPR2014-00579. 09:07:02
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` And, Dr. Davis, let me ask, is this 09:07:28
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` the declaration you did in the 579 proceeding? 09:07:30
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` A. It appears to be, again without any 09:08:11
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` of the attachments. 09:08:14
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` Q. Tell me how you put these 09:08:15
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` declarations together. 09:08:17
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` A. I'm not sure I understand your 09:08:22
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` question. 09:08:23
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` Q. How did you write these 09:08:24
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` declarations? Did you sit in a room and write 09:08:26
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` them? Did you have help? Was it a 09:08:28
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` collaborative effort between you and the 09:08:32
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` attorneys from Brooks Kushman? How did it 09:08:35
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` happen? 09:08:37
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` A. Well, I drafted this declaration 09:08:37
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` much in the same way I would any. I had other 09:08:39
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` people do most of the typing. I'm not the best 09:08:44
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` typist in the world. I reviewed obviously the 09:08:49
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` patents, the prior art, formed my opinions, 09:08:54
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` often would tell others this is what I want to 09:09:03
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` say, this is how I want to type it, and we 09:09:06
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` would type it together. So I did it much in 09:09:10
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` the same way I would any declaration. 09:09:13
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` Q. When were you first contacted about 09:09:18
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` this case? 09:09:20
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` A. I'm not sure. 09:09:21
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` Q. Well, it had to be after October of 09:09:25
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` 2013, right? 09:09:30
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` A. I guess. I don't remember. 09:09:32
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` Q. Who contacted you? 09:09:36
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` A. I don't recall. Probably somebody 09:09:37
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` from Brooks & Kushman. 09:09:40
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` Q. But, suffice it to say, it was 09:09:44
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` before April of 2014 when you signed these 09:09:45
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` declarations. 09:09:48
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` A. Certainly, yes. 09:09:48
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` Q. About how much work went into 09:09:49
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` putting the declarations together? 09:09:52
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` A. I spent a lot of time on these. 09:09:53
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` Q. How much? 09:09:55
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` A. I can't put a number on it. 09:09:58
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` Q. Two weeks? 09:10:01
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` A. Remember, you have to understand, 09:10:04
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` first of all, I have a day job too, so that 09:10:06
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` these things take a lot longer. But I spent 09:10:08
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` a -- much more than two weeks certainly. 09:10:12
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` Q. More than a month? 09:10:15
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` A. Yeah. 09:10:23
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` Q. More than two months? 09:10:24
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` you any specific dates, but I spent quite an 09:10:28
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` amount of time. I don't remember all the 09:10:33
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` details. 09:10:34
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` Q. Have you ever worked with Ford 09:10:35
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` before these two IPR proceedings? 09:10:40
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` A. I'm not sure I understand. 09:10:43
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` Q. Have you ever been a Ford employee? 09:10:45
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` A. No. 09:10:51
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` Q. Have you ever done a contract with 09:10:51
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` Ford, contract work for Ford? 09:10:53
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` A. Not that I believe, no. 09:10:56
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` Q. Have you ever had any research 09:11:02
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` funded by Ford? 09:11:04
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` A. Yes. I've had engines donated to my 09:11:09
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` lab facilities, things like that. 09:11:12
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` Q. Which lab? 09:11:14
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` A. My advanced engine research lab up 09:11:15
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` at Kettering University. 09:11:19
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` Q. Does Ford get along with Kettering 09:11:20
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` okay, despite its GM roots? 09:11:23
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` A. Yes. 09:11:23
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` Q. And aside from having engines 09:11:28
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` donated, can you think of any other instance in 09:11:32
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` which you've received any kind of financial 09:11:34
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` support from Ford outside of this case? 09:11:38
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` A. I've done another inter partes 09:11:40
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` review in another case. 09:11:48
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` Q. Okay. Describe that for me. 09:11:51
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` A. It was regarding fuel pump 09:11:53
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` technology. 09:11:56
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` Q. Which case was that? 09:11:57
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` A. I don't know the number or anything. 09:11:59
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` Q. I'm going to mark as Davis Exhibit 3 09:12:07
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` a copy of your CV, which is Ford Exhibit 1015. 09:12:09
`
` (DEPOSITION EXHIBIT 3 MARKED 09:12:06
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` FOR IDENTIFICATION) 09:12:25
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` A. Thank you. 09:12:25
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` Q. So what we've marked as Davis 09:12:29
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` Exhibit 3 is in fact your current CV? 09:12:32
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` A. It appears to be. 09:13:00
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` Q. I note that you don't include 09:13:02
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` litigation that you've been involved with on 09:13:05
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` your CV. Can you describe for us the 09:13:07
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` litigation you've had for the last five years, 09:13:11
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` that you've been involved with for the last 09:13:15
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` five years? 09:13:17
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` A. I don't believe that's true. 09:13:17
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` Q. Maybe I missed it. Where do you see 09:13:20
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` it? 09:13:23
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` Oh, there it is. You're right. 09:13:24
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` It's in the middle of the document. 09:13:26
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` So which of these cases involved 09:13:28
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` Ford, if any? 09:13:32
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` A. I forgot about this one. There's a 09:13:50
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` case here where I represented Ford in the 09:13:53
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` International Trade Commission. 09:13:57
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` Q. In fact, you were adverse to 09:13:58
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` Dr. Stein in the case, right? 09:14:02
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` A. I don't remember that. I'm not sure 09:14:07
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` that is true. 09:14:08
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` Q. You don't recall Dr. Jeffrey Stein 09:14:10
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` being on the other side of that case? 09:14:12
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` A. I don't recall. 09:14:15
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` Q. Which side won that case? Do you 09:14:16
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` recall? 09:14:19
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` A. No. 09:14:19
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` Q. You have no recollection of 09:14:21
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` reviewing any of Dr. Stein's work in any case? 09:14:28
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` A. I do believe Dr. Stein was 09:14:33
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` representing or one of the experts on the other 09:14:39
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` side in a case I did a number of years ago. 09:14:41
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` Q. Which one was that? 09:14:46
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` A. I'm not sure. 09:14:47
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` Q. So I don't see any IPRs listed in 09:14:53
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` the legal proceedings section. Is there one 09:14:59
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` that you can recall where you assisted Ford? 09:15:04
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` A. Again, I -- when I put this 09:15:08
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` together, I believe I hadn't provided any 09:15:14
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` testimony with regards to the IPR that I did 09:15:16
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` with Ford. 09:15:20
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` Q. Okay. And do you know who the other 09:15:22
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` party is in that IPR? 09:15:24
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` A. I'm not sure, but I believe it's 09:15:31
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` TMC. 09:15:33
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` Q. And what is the subject matter of 09:15:35
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` the Ford-TMC IPR? 09:15:39
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` A. Again, it involves fuel pumps. 09:15:42
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` Q. And is Ford or TMC the patentee? 09:15:46
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` A. TMC I believe is the patentee. 09:15:54
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` Q. Have you done a declaration in that 09:15:59
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` case? 09:16:02
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` A. Yes, I have. 09:16:02
`
` Q. Have you been deposed? 09:16:03
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` A. Yes, I was deposed. 09:16:04
`
` Q. When? 09:16:06
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` A. I don't recall the exact date. 09:16:07
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` Q. Well, was it within the last six 09:16:18
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` months? 09:16:21
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` A. Yes, that would be fair. I believe 09:16:21
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` it was. 09:16:23
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` Q. Sometime in the fall? 09:16:23
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` A. Yeah, it would be sometime I believe 09:16:25
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` in the fall. 09:16:27
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` Q. And who are the lawyers 09:16:29
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` representing -- 09:16:30
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` A. I think so, but I'm not actually a 09:16:31
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` hundred percent sure on that, but I think it 09:16:33
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` was in the fall. 09:16:35
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` Q. Sometime in the back half of 2014? 09:16:35
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` A. That sounds correct. 09:16:37
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` Q. Really very few depositions in IPRs 09:16:40
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` happen before that, so that's why -- 09:16:43
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` A. Okay. 09:16:45
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` Q. And who are the lawyers representing 09:16:46
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` TMC in that case? 09:16:51
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` A. Representing TMC? 09:16:53
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` Q. Uh-huh. 09:16:54
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` A. I don't recall. 09:16:55
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` Q. Who took your deposition? 09:16:57
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` A. I don't recall. 09:16:58
`
` Q. Do you recall the prior art that you 09:17:08
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` relied on for your declaration in the TMC-Ford 09:17:10
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` matter? 09:17:13
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` A. Not really. 09:17:15
`
` Q. Well, what do you remember about it? 09:17:17
`
` A. I just remember it involving fuel 09:17:20
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` pumps. I mean... 09:17:24
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` Q. Did you go out and find the prior 09:17:26
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` art, or did they give it to you? 09:17:31
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` A. I think in some cases I directed 09:17:33
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` some testing, and I really don't recall any of 09:17:35
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` the specific details on that. 09:17:40
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` Q. So let's get back to this 09:17:42
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` proceeding. When you were contacted by Brooks 09:17:46
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` Kushman, were you told that they wanted you to 09:17:49
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` do a declaration for one IPR or two IPRs or 09:17:53
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` something else? 09:17:58
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` MR. ANGILERI: Objection, pretty 09:17:58
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` much instruct you not to answer. 09:18:00
`
` BY MR. CORDELL: 09:18:04
`
` Q. Do you have an engagement letter 09:18:08
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` with Brooks Kushman? 09:18:09
`
` A. I don't -- I'm not sure if it's with 09:18:15
`
` Brooks Kushman or Ford or -- I -- I'm not sure. 09:18:17
`
` I'm sure I've signed something. 09:18:21
`
` Q. You say in your -- you say in your 09:18:24
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` report that -- or your declaration that you're 09:18:28
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` being paid at a rate of $315 an hour. Is that 09:18:30
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` right? 09:18:35
`
` A. That sounds correct. 09:18:35
`
` Q. Do you know Dr. Stein's at 425? 09:18:36
`
` A. I guess I need to raise my rates. 09:18:39
`
` Q. Just saying. And you have some kind 09:18:42
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` of an agreement you believe with either Ford or 09:18:47
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` Brooks Kushman? 09:18:50
`
` A. Yeah. I'm sure I've signed, you 09:18:53
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` know, some sort of a contract. 09:18:56
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` Q. Okay. So did you decide that you 09:18:59
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` should -- well, so the declaration we've got 09:19:02
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` marked as Exhibit 1 is with respect to the 09:19:07
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` PAICE '347 patent, correct? 09:19:11
`
` A. That is correct. 09:19:15
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` Q. And the declaration that we marked 09:19:15
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` as Exhibit 2 is also with respect to the PAICE 09:19:17
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` '347 patent, correct? 09:19:24
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` A. Correct. 09:19:25
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` Q. Why did you do two declarations 09:19:25
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` instead of just one? 09:19:27
`
` A. I was asked to do that. 09:19:28
`
` Q. By who? 09:19:30
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` A. I'm sure the attorneys. 09:19:31
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` Q. Well, you just do whatever they ask 09:19:33
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` you to do? 09:19:37
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` A. Certainly not. 09:19:38
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` Q. So why two instead of just one? 09:19:38
`
` A. I don't know if there's some 09:19:40
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` procedural details. I'm not a patent lawyer, 09:19:43
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` but I was asked to, you know, compare prior art 09:19:46
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` with one and then do it for a second one. 09:19:50
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` Q. So in comparing the two 09:19:53
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` declarations, I notice that they're pretty much 09:19:56
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` identical up through Paragraph 171. Is that 09:20:00
`
` your understanding? 09:20:03
`
` A. I'd have to look at it. 09:20:04
`
` Q. Well, can you point out any 09:20:08
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` differences between the two declarations before 09:20:10
`
` we get to Paragraph 171. 09:20:13
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` You said earlier that you wrote the 09:20:16
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` declarations, right? 09:20:38
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` A. Correct. 09:20:39
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` Q. Did you cut and paste from one into 09:20:43
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` the other? Is that how you created it? 09:20:45
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` A. Again, I would often have others do 09:20:47
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` some of the cut and paste. As you pointed out, 09:20:51
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` I make a fair amount per hour. I think it 09:20:55
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` would be crazy for Ford or somebody to pay me 09:20:57
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` to do lots of typing and things like that, but 09:21:03
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` this is my work. 09:21:05
`
` Q. Who was it that assisted you with 09:21:05
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` the typing? 09:21:07
`
` A. I don't know. It's probably several 09:21:09
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` attorneys at Brooks Kushman. 09:21:12
`
` Q. And who were they? 09:21:15
`
` A. I know Mr. Rondini. I'm really not 09:21:17
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` sure all who would have been involved in some 09:21:25
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` of the activities, at cleaning up things and 09:21:27
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` making some of the particular details and some 09:21:33
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` of the figures that I had people do. 09:21:37
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` Q. Well, do you know anybody who did 09:21:41
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` some of the details or cleaned up the figures 09:21:44
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` other than Mr. Rondini? 09:21:47
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` A. Probably Ms. Bowles, but I'm not 09:21:51
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` sure. 09:21:59
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` Q. Why -- 09:21:59
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` A. I focus a lot more on the work of 09:22:01
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` the report. I'm not really concerned about 09:22:04
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` who's handling some of these details of cutting 09:22:07
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` and pasting and things like that. 09:22:10
`
` Q. Does it surprise you that you have 09:22:11
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` that much identical between the two reports, 09:22:14
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` 171 paragraphs? 09:22:16
`
` MR. ANGILERI: Objection as to 09:22:18
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` foundation. 09:22:20
`
` Q. This is your work, correct, 09:22:22
`
` Dr. Davis? 09:22:23
`
` A. I'm inspecting it just to make sure 09:22:24
`
` it is actually. 09:22:27
`
` Q. But Mr. Angileri is objecting to 09:22:27
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` foundation as if you don't know, so I'm just 09:22:34
`
` making sure that this is your work. 09:22:38
`
` MR. ANGILERI: Since you're 09:22:41
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` challenging the objection, you asked him to 09:22:42
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` tell you whether the first 171 paragraphs 09:22:44
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` were the same, and then you just assumed it 09:22:46
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` in your question. 09:22:49
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` MR. CORDELL: Technically I asked 09:22:50
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` him why are they the same, but... 09:22:51
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` MR. ANGILERI: Objection, form. I 09:23:23
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` don't know what question is pending. 09:23:25
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` A. I'm sorry, how far did you want me 09:27:30
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`